# C_2011013EN.01000301.xml

| 15.1.2011 | EN | Official Journal of the European Union | C 13/3 |
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15.1.2011

EN

Official Journal of the European Union

C 13/3

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Judgment of the Court (Grand Chamber) of 9 November 2010 (reference for a preliminary ruling from the Oberster Gerichtshof (Austria)) — Mediaprint Zeitungs- und Zeitschriftenverlag GmbH & Co. KG v ‘Österreich’ -Zeitungsverlag GmbH

(Case C-540/08) (1)

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(Directive 2005/29/EC - Unfair commercial practices - National legislation laying down a prohibition in principle on commercial practices making the offer of bonuses to consumers subject to the purchase of goods or services)

2011/C 13/04

Language of the case: German

Referring court

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicant: Mediaprint Zeitungs- und Zeitschriftenverlag GmbH & Co. KG

Applicant:

Defendant:‘Österreich’ -Zeitungsverlag GmbH

Defendant:

Re:

Re:

Preliminary ruling — Oberster Gerichtshof (Austria) — Interpretation of Articles 3(1) and 5(2) and (5) of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ 2005 L 149, p. 22) — National legislation prohibiting publishers of periodicals from announcing, offering or giving bonuses to consumers free of charge with periodicals and from offering such bonuses with goods sold or services supplied, without taking into account whether the commercial practice in question is misleading or aggressive — Legislation with the objective not only of protecting consumers but also of maintaining the diversity of the press and protecting weaker competitors — Concept of unfair commercial practice

Operative part of the judgment

Operative part of the judgment

| 1. | Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘the Unfair Commercial Practices Directive’) must be interpreted as precluding a national provision, such as that at issue in the main proceedings, which lays down a general prohibition on sales with bonuses and is not only designed to protect consumers but also pursues other objectives; |
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1.

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘the Unfair Commercial Practices Directive’) must be interpreted as precluding a national provision, such as that at issue in the main proceedings, which lays down a general prohibition on sales with bonuses and is not only designed to protect consumers but also pursues other objectives;

| 2. | The possibility of participating in a prize competition, linked to the purchase of a newspaper, does not constitute an unfair commercial practice within the meaning of Article 5(2) of Directive 2005/29, simply on the ground that, for at least some of the consumers concerned, that possibility of participating in a competition represents the factor which determines them to buy that newspaper. |
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2.

The possibility of participating in a prize competition, linked to the purchase of a newspaper, does not constitute an unfair commercial practice within the meaning of Article 5(2) of Directive 2005/29, simply on the ground that, for at least some of the consumers concerned, that possibility of participating in a competition represents the factor which determines them to buy that newspaper.

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(1)  OJ C 69, 21.03.2009.

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